Unknown CCJ - can someone check my statement please?

croissant1005

Hi all,

Just found out we have a CCJ against my partner's credit file when applying for a mortgage.

After some research we have found it is based on a parking ticket received in Dec 2023 and sent to an address my partner has not lived at since Nov 2023. We have not received a single piece of correspondence from them about the PCN or CCJ proceedings and had no idea this existed until applying for a mortgage for a house we are trying to purchase.

Please see below for my draft statement and let me know what you think. All feedback is very welcome! (The number bulleting has all gone a bit weird after copying and pasting!).

Is this all we need to send alongside the N244 application and our council tax bill as evidence?

WITNESS STATEMENT OF DEFENDANT

1.  I am XX of XX, and I am the Defendant in this matter. 
2. This is my supporting statement to my application dated 12 August 2026 requesting to:
   1. Set aside the default judgment dated XXSeptember 2025 as it was not properly served at my current address.
   2. Order for the original claim to be dismissed.
   3. Order for the Claimant to pay the Defendant £303 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1. I was the registered keeper of the vehicle at the time of the alleged event.
2. I understand that the Claimant obtained a Default Judgment against me as the Defendant on XX September 2025. I am aware that the Claimant is Vehicle Control Services Limited and that the assumed claim is in respect of an unpaid Parking Charge Notice from XX December 2023.
3. The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I was refused a mortgage application as it is registered on my Experian Credit file. 
4. The address on the claim XX. I moved to my current address XX on XX November 2023. In support of this, I have provided a council tax bill registered to my current address dated XXNovember 2023.  

SEQUENCE OF RECENT EVENTS

1. I first discovered there was a default County Court Judgment against me when a joint mortgage application with my partner was refused on 10 August 2026.
2. On 10 August I paid for access to my Experian Credit file which held information about the CCJ and the address it was served to: XX, my former address.
3. On 12 August 2026, I purchased the County Court Judgment report from the Register of Judgments, Orders and Fines for England and Wales in relation to my name and the above address and found a case number, XX.
4. On 12 August 2026, I contacted the Civil National Business Centre to obtain relevant information relating to this default judgment. I received an email containing the Particulars of the Claim on the same date.
5. On 12 August 2026 I submitted my case in order to set-aside this judgment and fairly present my case.

DISMISSAL OF CLAIM

1. The Defendant believes the Claimant has behaved unreasonably in pursuing a claim against them without ensuring they held their correct contact details at the time of the claim. The Defendant was therefore denied the opportunity to defend the claim. 
2. On that basis, the Defendant believes the Claimant has not adhered to Civil Procedure Rules (CPR) 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The Claimant did not take reasonable steps to ascertain the address of the Defendant's current residence despite having 22 months to establish an address between the alleged incident (XX December 2023) and the default judgment (XX September 2025). This has led to the claim being incorrectly served to an old address and an irregular judgment.
3. Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ must be set aside.
4. Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” The Claimant failed to take reasonable endeavours to ascertain the Defendant's correct current address prior to issuing proceedings and is therefore in breach of the Code of Practice. 
5. The Defendant was 'there to be found' for the sake of a 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. The Defendant would then have been notified of this judgment and could have taken action to prevent it. 
6. Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. it was never served) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.  The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service for this Defendant, which is XXXX.
7. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.
8.  Furthermore, former Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. 
9. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses." The Minister added, "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” 
10. Considering the above, the Defendant was unable to defend this claim. The Defendant believes that the Default Judgment against them was issued incorrectly and thus should be set aside.
11. Furthermore, the Defendant asks the Court to kindly consider the reimbursement of the fee of £303 from the Claimant should this request be successful.

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

Signed ________

Date 12 August 2026

DRAFT ORDER

CASE No: XX
BETWEEN:
Vehicle Control Services Limited (Claimant)
-- and --
XXXX (Defendant)

UPON reading the defendant’s application dated XX August 2026

IT IS ORDERED THAT:

1. The default judgment dated XX September 2025 be set aside. 
2. The claim struck out due to the claim form having not been served within 4 months of issue
3. The Claimant do pay the Defendants costs of this application of £303 on an indemnity basis.

Catonthemoon

Looks good to me… very good 👍

Car1980

You need to refer to and mention VCS v Carr.

I would also make your request for costs more forceful. If you look at Carr you will see how they acted unreasonably and why they should pay your costs. Especially handy that it's the same claimant who has still not changed their ways.

Coupon-mad

Yep as this is VCS, definitely cite VCS v Carr. And this application fee is now £313.

croissant1005

Thanks both. It was actually £321!

Le_Kirk

Yep, looks like fees increased in July 2026.

General application (N244) – by consent or without notice £126
General application (N244) – application on notice £321

Coupon-mad

Jeez, again?!

croissant1005

Does anyone know how long it usually takes to hear back about a set aside?

Coupon-mad

Several weeks.